Natural Resources and Environment:

Congressional Clarification Needed on Eligibility for Waivers of Non-Federal Contributions for Dredged Material Confined Disposal Areas

CED-77-135, Oct 21, 1977

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The Corps of Engineers dredges the Nation's channels and harbors in maintaining navigable waterways. Under legislation authorizing the construction of facilities for dredged material, the Federal Government pays 75 percent of construction costs for disposal of dredged materials and local interests pay 25 percent unless they receive a waiver based on the Environmental Protection Agency's (EPA's) finding that certain conditions are being met, including a determination that applicable water standards are not being violated.

As of June 30, 1977, the Corps' plans called for construction of 48 confined-disposal facilities on the Great Lakes costing about $263 million. Local contribution waivers were granted for 31 of the 48 facilities. EPA interprets the legislation to mean that non-Federal interests are eligible for waivers if they are in compliance with a pollution discharge permit since the legislation demonstrates that obtaining a discharge permit is the legal equivalent of not violating water quality standards. The legislation can also be interpreted to require the Agency to certify that applicable water quality standards (including water quality criteria) are not being violated as a prerequisite to granting the waivers. This interpretation would not have allowed as many waivers involving millions of dollars.

Status Legend:

More Info
  • Review Pending-GAO has not yet assessed implementation status.
  • Open-Actions to satisfy the intent of the recommendation have not been taken or are being planned, or actions that partially satisfy the intent of the recommendation have been taken.
  • Closed-implemented-Actions that satisfy the intent of the recommendation have been taken.
  • Closed-not implemented-While the intent of the recommendation has not been satisfied, time or circumstances have rendered the recommendation invalid.
    • Review Pending
    • Open
    • Closed - implemented
    • Closed - not implemented

    Matter for Congressional Consideration

    Matter: The Senate and House Committees should initiate action to provide additional guidance as to which interpretation of the waiver provisions was intended.

    Status: Closed

    Comments: Please call 202/512-6100 for additional information.